Post & Schell, P.C.

Commercial Litigation

Contacts

Michael W. Winfield
717-612-6024
mwinfield@postschell.com

Jodi S. Wilenzik
215-587-1101
jwilenzik@postschell.com

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Overview

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Post & Schell’s Commercial Litigation Practice Group provides businesses and their owners/operators with counsel and representation related to the full-gamut of litigation and contractual issues they face. This includes litigation and disputes arising from corporate transactions, such as mergers and acquisitions, joint ventures, leasing agreements, and ownership structures, as well as complex individual and class action litigation relating to RICO, breach of fiduciary duty, ultra vires acts, the Lanham Act, consumer fraud, theft of trade secrets, and intellectual property, among others.

Comprised of a broad range of attorneys in our offices in Pennsylvania, New Jersey, and Washington, D.C., our Commercial Litigation team is experienced in matters related to: 

  • Alternative dispute resolution (ADR), including mediation and arbitration
  • Business torts, including breach of contract, tortuous interference, and misrepresentation
  • Breach of covenants not-to-compete, non-solicitation, and/or confidentiality agreements; theft of trade secrets and/or confidential information. 
  • Breach of fiduciary duty 
  • Civil actions under the Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Class actions in state and federal courts
  • Directors’ and officers’ liability
  • Financial services and banking litigation, including check fraud/payment issues, lender liability claims, federal and state securities litigation, and Financial Industry Regulatory Authority (FINRA) arbitrations and disciplinary proceedings
  • Fraud, consumer fraud/protection, and unfair and deceptive acts and practice (UDAP) statutes
  • Government program litigation
  • Intellectual property rights, including copyright and trademark infringement, licensing, and use contracts and litigation
  • Injunction matters
  • Municipal and public official liability, including civil and constitutional rights
  • Unfair competition
  • Uniform Commercial Code (UCC)

Read full overview > Read less >

Attorneys

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John W. Dornberger

John W. Dornberger

Administrative Principal, Harrisburg Office
Co-Chair, Construction Practice Group

Harrisburg
Phone: 717-612-6037
Fax: 717-731-1985

jdornberger@postschell.com

Robin Locke Nagele

Robin Locke Nagele

Senior Counsel
Health Care

Philadelphia
Phone: 215-587-1114
Fax: 215-587-1444

rnagele@postschell.com

Leo Gerard Daly

Leo Gerard Daly

Senior Counsel
Casualty Litigation

Pittsburgh
Phone: 412-506-6373
Fax: 412-227-9065

ldaly@postschell.com

Sydney Rimmer

Sydney Rimmer

Associate
Construction and Commercial Litigation

Harrisburg
Phone: 717-612-6035
Fax: 717-731-1985

srimmer@postschell.com

Anthony L. Miscioscia

Anthony L. Miscioscia

Principal
Co-Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1170
Fax: 215-587-1444

amiscioscia@postschell.com

Ryan L. Leonard

Ryan L. Leonard

Principal
Casualty Litigation and Toxic Tort Liability Litigation

Philadelphia
Phone: 215-587-1480
Fax: 215-587-1444

rleonard@postschell.com

Theresa A. Mongiovi

Theresa A. Mongiovi

Principal
Chair, Employment and Labor Practice Group

Lancaster
Phone: 717-391-4410
Mobile: 717-468-2066
Fax: 717-291-1609

tmongiovi@postschell.com

Michael Winfield

Michael W. Winfield

Principal, Construction
Co-Chair, Commercial Litigation Practice Group

Harrisburg
Phone: 717-612-6024
Fax: 717-731-1985

mwinfield@postschell.com

Mason Avrigian, Jr.

Mason Avrigian Jr.

Principal & Co-Chair, Construction Practice Group
Member, Firm Board of Directors

Philadelphia
Phone: 215-587-1106
Mobile: 610-574-6099
Fax: 215-587-1444

mavrigian@postschell.com

Paul A. Logan

Paul A. Logan

Principal
Construction

Wilmington
Phone: 302-251-8856
Fax: 302-251-8857

plogan@postschell.com

James J. Kutz

James J. Kutz

Co-Chair, Appellate Department
Chair, Regulatory & Administrative Agency Law & Professional Licensure Practice Groups

Harrisburg
Phone: 717-612-6038
Fax: 717-731-1985

jkutz@postschell.com

James Malone Jr.

James R. Malone Jr.

Principal
Tax Controversy

Philadelphia
Phone: 215-587-1051
Fax: 215-320-4700

jmalone@postschell.com

Abraham J. Rein

Abraham J. Rein

Principal & Chair, White Collar Practice Group
Chair, Data Privacy & Cybersecurity Practice

Philadelphia
Phone: 215-587-1057
Fax: 215-587-1444

arein@postschell.com

Kenneth L. Sable

Kenneth L. Sable

Senior Counsel
Construction

Harrisburg
Phone: 717-612-6036
Fax: 717-731-1985

ksable@postschell.com

Philip Sbrolla - Post & Schell

Philip J. Sbrolla

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6377
Fax: 412-227-9065

psbrolla@postschell.com

Jeffrey P. Wallack

Jeffrey P. Wallack

Principal
Construction

Philadelphia
Phone: 215-587-6636
Mobile: (610) 716-4905
Fax: 215-587-1444

jwallack@postschell.com

Gary A. Wilson

Gary A. Wilson

Senior Counsel
Construction

Washington, DC
Phone: 202-661-6956
Fax: 202-661-6970

gwilson@postschell.com

Erin Kawa

Erin R. Kawa

Principal
Commercial Litigation

Harrisburg
Phone: 717-612-6057
Fax: 717-720-5385

ekawa@postschell.com

Ryan M. Logan

Ryan M. Logan

Principal
Construction and Commercial Litigation

Wilmington
Phone: 302-251-8856
Fax: 302-251-8857

rlogan@postschell.com

Kevin T. McGarry

Kevin T. McGarry

Principal
Casualty Litigation

Lancaster
Phone: 717-391-4451
Fax: 717-295-2199

kmcgarry@postschell.com

News & Insights

News

Toggle Button Open

Fifty-one Attorneys Recognized as 2025 Best Lawyers in America by The Best Lawyers in America©. 

Mason Avrigian, Jr. Elected as a Member of Post & Schell's Board of Directors

Forty-Six Post & Schell Attorneys Named to the 30th Annual Edition of The Best Lawyers in America©
 

Thirty-Two Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2023

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2023 "Best Law Firms" List

Post & Schell Elects Eleven New Principals in the Firm's Energy, Casualty Litigation, Commercial Litigation, Construction, Professional Liability, and Workers' Compensation Practices

Thirty-Eight Post & Schell Attorneys Named 2022 Super Lawyers and Rising Stars for 2022

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2022 "Best Law Firms" List

Forty-Six Post & Schell Attorneys Named to the 2022 Edition of The Best Lawyers in America©

Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2021 "Best Law Firms List"

Erie County, Empower Erie, and Post & Schell Secure Approval for New Community College from Pennsylvania Board of Education

Post & Schell Elects Eight New Principals in the Firm's Casualty, Employment, Energy & Utilities, Insurance, Professional Liability, and White Collar Practices 

Thirty Post & Schell Attorneys Named Super Lawyers for 2020

Philip J. Sbrolla Joins Post & Schell as a Principal in the Firm's Commercial Litigation and Casualty Litigation Groups in its Pittsburgh Office

Pennsylvania Department of State Board Counsel Kerry E. Maloney Joins Post & Schell as a Principal in its Harrisburg Office

Thirty-Seven Post & Schell Attorneys Named to the 2020 Edition of The Best Lawyers in America©

Chambers and Partners Recognizes Post & Schell Principals, White Collar, and Health Care Practices in 2019 Chambers USA Guide

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

Thirty-One Post & Schell Attorneys Selected to the 2018 Pennsylvania Super Lawyers List

Post & Schell Appointed as Solicitor by Susquehanna Area Regional Airport Authority

Jodi S. Wilenzik Joins Post & Schell as a Principal in its Construction Practice Group in the Firm's Philadelphia Office

Paul A. Logan Joins Post & Schell's Construction Practice Group in the Firm's Philadelphia Office

Michael W. Winfield Joins Post & Schell's Construction Practice in the Firm's Harrisburg, PA Office

Post & Schell Elects Five New Principals from the Firm's Professional Liability, Labor and Employment, Commercial Litigation, White Collar, and Insurance Law Practices

Post & Schell Secures Settlement for James P. Barker with PA Office of Attorney General

Post & Schell Announces New Board Member and Chairs of Insurance Law, Appellate and Business Law & Litigation Departments

Post & Schell Elects Three New Principals in Harrisburg, Philadelphia and Pittsburgh Offices

Media & Articles

Toggle Button Open

Mike Winfield Examines Mediation Strategy in Litigated Cases for the Federal Bar Association

Law360 Interviews John Dornberger and Mason Avrigian About Mid-Atlantic Growth of Construction Practice

Mike Winfield Discusses Choosing Litigation or Arbitration for Construction Matters with Law360

Mike Winfield Examines Perspectives on Mediation for The Legal Intelligencer's ADR Supplement

John Dornberger Discusses Philadelphia Casino Licenses with The Philadelphia Inquirer

Speaking Engagements

Toggle Button Open

Theresa Mongiovi and Jodi Wilenzik Present on Workplaces Investigations and Best Practices at Lancaster SHRM's June 2022 Breakfast Program on June 14

Charles Spitz Presents on Civil and Criminal Liability Issues for the Hospitality Industry at Annual Hospitality Law Conference on April 10

Marc Perry Presents on Cross-Examinations of Sympathetic Plaintiffs on Strafford Webinar on May 14

Paul Logan Serves on Panel Discussion on COVID-19-Related Lending on Brown & Brown Webinar on April 22

Paul Logan, Mason Avrigian, and John Dornberger Present on CARES Act Opportunities on Associated Pennsylvania Constructors' Webinar on April 10

Mason Avrigian Co-Presents on Commercial Arbitrations at PBI CLE Seminar on March 13

Marc Perry Presents on Cross Examination Strategies on PBI Seminar on June 23

Blogs and Thought Leadership

Toggle Button Open

Marriott Permitted to File Third-Party Claims Against Sex Traffickers in Federal Lawsuit

Re-Opened for Litigation: Examining Potential for COVID-19 Third Party Exposure Claims Against Businesses and How to Mitigate and Defend Them

Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool

DOL Issues Much Anticipated Regs and IRS Issues Guidance on Families First Coronavirus Response Act

DOL Issues Third Round of Guidance on Families First Coronavirus Response Act

DOL Issues Second Round of Guidance on Families First Coronavirus Response Act

DOL Issues Initial Guidance on Families First Coronavirus Response Act and Publishes Required Model Notice

EEOC Issues New Guidance for Managing COVID-19 Risks Consistent with the ADA

President Signs Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

Coronavirus/COVID-19, Construction Contracts, and Legal Next Steps

Attorney-Client Privilege Trumps Confrontation Clause, Says Eastern District of Pennsylvania

The Federal Defend Trade Secrets Act of 2016: A Survey of Cases Decided Under the Statute to Date

Overview Attorneys

Post & Schell’s Commercial Litigation Practice Group provides businesses and their owners/operators with counsel and representation related to the full-gamut of litigation and contractual issues they face. This includes litigation and disputes arising from corporate transactions, such as mergers and acquisitions, joint ventures, leasing agreements, and ownership structures, as well as complex individual and class action litigation relating to RICO, breach of fiduciary duty, ultra vires acts, the Lanham Act, consumer fraud, theft of trade secrets, and intellectual property, among others.

Comprised of a broad range of attorneys in our offices in Pennsylvania, New Jersey, and Washington, D.C., our Commercial Litigation team is experienced in matters related to: 

  • Alternative dispute resolution (ADR), including mediation and arbitration
  • Business torts, including breach of contract, tortuous interference, and misrepresentation
  • Breach of covenants not-to-compete, non-solicitation, and/or confidentiality agreements; theft of trade secrets and/or confidential information. 
  • Breach of fiduciary duty 
  • Civil actions under the Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Class actions in state and federal courts
  • Directors’ and officers’ liability
  • Financial services and banking litigation, including check fraud/payment issues, lender liability claims, federal and state securities litigation, and Financial Industry Regulatory Authority (FINRA) arbitrations and disciplinary proceedings
  • Fraud, consumer fraud/protection, and unfair and deceptive acts and practice (UDAP) statutes
  • Government program litigation
  • Intellectual property rights, including copyright and trademark infringement, licensing, and use contracts and litigation
  • Injunction matters
  • Municipal and public official liability, including civil and constitutional rights
  • Unfair competition
  • Uniform Commercial Code (UCC)

Read full overview > Read less >

John W. Dornberger

John W. Dornberger

Administrative Principal, Harrisburg Office
Co-Chair, Construction Practice Group

Harrisburg
Phone: 717-612-6037
Fax: 717-731-1985

jdornberger@postschell.com

Robin Locke Nagele

Robin Locke Nagele

Senior Counsel
Health Care

Philadelphia
Phone: 215-587-1114
Fax: 215-587-1444

rnagele@postschell.com

Leo Gerard Daly

Leo Gerard Daly

Senior Counsel
Casualty Litigation

Pittsburgh
Phone: 412-506-6373
Fax: 412-227-9065

ldaly@postschell.com

Sydney Rimmer

Sydney Rimmer

Associate
Construction and Commercial Litigation

Harrisburg
Phone: 717-612-6035
Fax: 717-731-1985

srimmer@postschell.com

Anthony L. Miscioscia

Anthony L. Miscioscia

Principal
Co-Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1170
Fax: 215-587-1444

amiscioscia@postschell.com

Ryan L. Leonard

Ryan L. Leonard

Principal
Casualty Litigation and Toxic Tort Liability Litigation

Philadelphia
Phone: 215-587-1480
Fax: 215-587-1444

rleonard@postschell.com

Theresa A. Mongiovi

Theresa A. Mongiovi

Principal
Chair, Employment and Labor Practice Group

Lancaster
Phone: 717-391-4410
Mobile: 717-468-2066
Fax: 717-291-1609

tmongiovi@postschell.com

Michael Winfield

Michael W. Winfield

Principal, Construction
Co-Chair, Commercial Litigation Practice Group

Harrisburg
Phone: 717-612-6024
Fax: 717-731-1985

mwinfield@postschell.com

Mason Avrigian, Jr.

Mason Avrigian Jr.

Principal & Co-Chair, Construction Practice Group
Member, Firm Board of Directors

Philadelphia
Phone: 215-587-1106
Mobile: 610-574-6099
Fax: 215-587-1444

mavrigian@postschell.com

Paul A. Logan

Paul A. Logan

Principal
Construction

Wilmington
Phone: 302-251-8856
Fax: 302-251-8857

plogan@postschell.com

James J. Kutz

James J. Kutz

Co-Chair, Appellate Department
Chair, Regulatory & Administrative Agency Law & Professional Licensure Practice Groups

Harrisburg
Phone: 717-612-6038
Fax: 717-731-1985

jkutz@postschell.com

James Malone Jr.

James R. Malone Jr.

Principal
Tax Controversy

Philadelphia
Phone: 215-587-1051
Fax: 215-320-4700

jmalone@postschell.com

Abraham J. Rein

Abraham J. Rein

Principal & Chair, White Collar Practice Group
Chair, Data Privacy & Cybersecurity Practice

Philadelphia
Phone: 215-587-1057
Fax: 215-587-1444

arein@postschell.com

Kenneth L. Sable

Kenneth L. Sable

Senior Counsel
Construction

Harrisburg
Phone: 717-612-6036
Fax: 717-731-1985

ksable@postschell.com

Philip Sbrolla - Post & Schell

Philip J. Sbrolla

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6377
Fax: 412-227-9065

psbrolla@postschell.com

Jeffrey P. Wallack

Jeffrey P. Wallack

Principal
Construction

Philadelphia
Phone: 215-587-6636
Mobile: (610) 716-4905
Fax: 215-587-1444

jwallack@postschell.com

Gary A. Wilson

Gary A. Wilson

Senior Counsel
Construction

Washington, DC
Phone: 202-661-6956
Fax: 202-661-6970

gwilson@postschell.com

Erin Kawa

Erin R. Kawa

Principal
Commercial Litigation

Harrisburg
Phone: 717-612-6057
Fax: 717-720-5385

ekawa@postschell.com

Ryan M. Logan

Ryan M. Logan

Principal
Construction and Commercial Litigation

Wilmington
Phone: 302-251-8856
Fax: 302-251-8857

rlogan@postschell.com

Kevin T. McGarry

Kevin T. McGarry

Principal
Casualty Litigation

Lancaster
Phone: 717-391-4451
Fax: 717-295-2199

kmcgarry@postschell.com

Insights

News Media & Articles Speaking Engagements Blogs and Thought Leadership

Fifty-one Attorneys Recognized as 2025 Best Lawyers in America by The Best Lawyers in America©. 

Mason Avrigian, Jr. Elected as a Member of Post & Schell's Board of Directors

Forty-Six Post & Schell Attorneys Named to the 30th Annual Edition of The Best Lawyers in America©
 

Thirty-Two Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2023

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2023 "Best Law Firms" List

Post & Schell Elects Eleven New Principals in the Firm's Energy, Casualty Litigation, Commercial Litigation, Construction, Professional Liability, and Workers' Compensation Practices

Thirty-Eight Post & Schell Attorneys Named 2022 Super Lawyers and Rising Stars for 2022

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2022 "Best Law Firms" List

Forty-Six Post & Schell Attorneys Named to the 2022 Edition of The Best Lawyers in America©

Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2021 "Best Law Firms List"

Erie County, Empower Erie, and Post & Schell Secure Approval for New Community College from Pennsylvania Board of Education

Post & Schell Elects Eight New Principals in the Firm's Casualty, Employment, Energy & Utilities, Insurance, Professional Liability, and White Collar Practices 

Thirty Post & Schell Attorneys Named Super Lawyers for 2020

Philip J. Sbrolla Joins Post & Schell as a Principal in the Firm's Commercial Litigation and Casualty Litigation Groups in its Pittsburgh Office

Pennsylvania Department of State Board Counsel Kerry E. Maloney Joins Post & Schell as a Principal in its Harrisburg Office

Thirty-Seven Post & Schell Attorneys Named to the 2020 Edition of The Best Lawyers in America©

Chambers and Partners Recognizes Post & Schell Principals, White Collar, and Health Care Practices in 2019 Chambers USA Guide

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

Thirty-One Post & Schell Attorneys Selected to the 2018 Pennsylvania Super Lawyers List

Post & Schell Appointed as Solicitor by Susquehanna Area Regional Airport Authority

Jodi S. Wilenzik Joins Post & Schell as a Principal in its Construction Practice Group in the Firm's Philadelphia Office

Paul A. Logan Joins Post & Schell's Construction Practice Group in the Firm's Philadelphia Office

Michael W. Winfield Joins Post & Schell's Construction Practice in the Firm's Harrisburg, PA Office

Post & Schell Elects Five New Principals from the Firm's Professional Liability, Labor and Employment, Commercial Litigation, White Collar, and Insurance Law Practices

Post & Schell Secures Settlement for James P. Barker with PA Office of Attorney General

Post & Schell Announces New Board Member and Chairs of Insurance Law, Appellate and Business Law & Litigation Departments

Post & Schell Elects Three New Principals in Harrisburg, Philadelphia and Pittsburgh Offices

Mike Winfield Examines Mediation Strategy in Litigated Cases for the Federal Bar Association

Law360 Interviews John Dornberger and Mason Avrigian About Mid-Atlantic Growth of Construction Practice

Mike Winfield Discusses Choosing Litigation or Arbitration for Construction Matters with Law360

Mike Winfield Examines Perspectives on Mediation for The Legal Intelligencer's ADR Supplement

John Dornberger Discusses Philadelphia Casino Licenses with The Philadelphia Inquirer

Theresa Mongiovi and Jodi Wilenzik Present on Workplaces Investigations and Best Practices at Lancaster SHRM's June 2022 Breakfast Program on June 14

Charles Spitz Presents on Civil and Criminal Liability Issues for the Hospitality Industry at Annual Hospitality Law Conference on April 10

Marc Perry Presents on Cross-Examinations of Sympathetic Plaintiffs on Strafford Webinar on May 14

Paul Logan Serves on Panel Discussion on COVID-19-Related Lending on Brown & Brown Webinar on April 22

Paul Logan, Mason Avrigian, and John Dornberger Present on CARES Act Opportunities on Associated Pennsylvania Constructors' Webinar on April 10

Mason Avrigian Co-Presents on Commercial Arbitrations at PBI CLE Seminar on March 13

Marc Perry Presents on Cross Examination Strategies on PBI Seminar on June 23

Marriott Permitted to File Third-Party Claims Against Sex Traffickers in Federal Lawsuit

Re-Opened for Litigation: Examining Potential for COVID-19 Third Party Exposure Claims Against Businesses and How to Mitigate and Defend Them

Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool

DOL Issues Much Anticipated Regs and IRS Issues Guidance on Families First Coronavirus Response Act

DOL Issues Third Round of Guidance on Families First Coronavirus Response Act

DOL Issues Second Round of Guidance on Families First Coronavirus Response Act

DOL Issues Initial Guidance on Families First Coronavirus Response Act and Publishes Required Model Notice

EEOC Issues New Guidance for Managing COVID-19 Risks Consistent with the ADA

President Signs Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

Coronavirus/COVID-19, Construction Contracts, and Legal Next Steps

Attorney-Client Privilege Trumps Confrontation Clause, Says Eastern District of Pennsylvania

The Federal Defend Trade Secrets Act of 2016: A Survey of Cases Decided Under the Statute to Date

 

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